Use of the comcast-spectacor.com, philadelphiaflyers.com and flyersskatezone.com World Wide Web sites (each a "Website" and, collectively, the "Websites") is subject to the following terms of use:
1. Website Ownership
The Websites are owned by Comcast Spectacor, L.P. and its affiliates which own and/or operate: the Philadelphia Flyers Hockey Club, a member franchise of the National Hockey League ("Flyers"); the Wells Fargo Center and Spectrum in Philadelphia, Pennsylvania ("Arenas"); and Flyers Skate Zones (individually and collectively, with its affiliates, "CSLP"). All materials contained in the Websites (the "Materials") are either owned by or licensed to CSLP. CSLP and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of CSLP.
2. Message Features
A. Participation. Each Website may offer opportunities for you to send messages in connection with various features that CSLP may elect to offer, such as information libraries, e-mail service, bulletin boards, chatrooms, electronic postcards, chats with special guests and forums to communicate with other users about the Flyers, hockey, the Arenas and their events, and other features ("Message Features"). You must use the Message Features in a responsible manner. You must not transmit any message ("Message") in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
In order to participate in any Message Feature, you must register by providing accurate and complete personal information consisting of your name and e-mail address.
You also may be asked to select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(ix) above, or any other operating term set forth by CSLP.
You acknowledge that any information disclosed by you in any Message or Screen Name (e.g., your name or address) may be used by any third party, and CSLP assumes no liability for such disclosures.
B. License. By transmitting any Message or Screen Name, you are granting CSLP a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform and display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
C. Message and Screen Name Review. CSLP has the right, but not the obligation, in its sole discretion, to review, edit or delete any Message or Screen Name transmitted in any Message Feature that: (i) violates any term of this Agreement; or (ii) is otherwise illegal, offensive or inappropriate. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by CSLP.
D. You acknowledge that transmissions to and from the Websites are not confidential and your Messages may be read or intercepted by others. You acknowledge that by submitting Messages to the Websites, no confidential, fiduciary, contractually implied or other relationship is created between you and CSLP other than pursuant to this Agreement.
3. Changes to Website
CSLP may change, suspend or discontinue any aspect of the Websites at any time, including the availability of any Website feature, database, or content. CSLP also may impose limits on certain features and services or restrict your access to parts or each entire Website without notice or liability.
4. Votes
The Websites may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special voting terms set forth on the Websites as well as the terms of this Agreement. Votes will be deemed made by the authorized account holder of the e-mail address submitted at time of vote. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. CSLP is not responsible for votes not received due to lost, failed, delayed or interrupted connections, including Internet/Webserver/network/phone-line connections or miscommunications, or other electronic malfunctions, computer or telephone hardware or software failures, malfunctions, or garbled or jumbled transmissions. CSLP reserves the right, in its sole discretion, to cancel or suspend voting should virus, bugs, unauthorized human intervention, technical difficulties or other causes beyond the control of CSLP, in CSLP's sole opinion, corrupt the administration, security, fairness or proper administration or tallying of the voting.
5. Flyers Online "Partners" Program
A. The Flyers Online Partners Program has been designed as an online ticket exchange (the "Exchange") to assist Flyers season ticketholders who are unable to attend all Flyers home games. The Exchange matches Flyers season ticketholders with Flyers fans who are interested in purchasing select tickets. CSLP may, in its sole discretion and without prior notice, terminate your participation in the Exchange if CSLP believes that you have violated the terms and conditions of this Agreement, have violated or attempted to violate the rights of other participants of the Exchange, or have sold or attempted to sell any ticket at a price in excess of the face value thereof.
B. CSLP is not a party to any transaction between any user of the Exchange and has no control over, nor guarantees, the legality, authenticity or quality of any ticket advertised, the veracity of any advertisement, or the ability or intention of any buyer or seller to actually consummate the transfer of any ticket. CSLP cannot and does not guarantee the delivery of any ticket or payment of any money in relation to your participation in the Exchange. USE CAUTION WHEN TRANSACTING WITH ANY PERSON YOU DO NOT KNOW! CSLP IS NOT RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND A THIRD-PARTY BUYER OR SELLER.
C. YOU HEREBY AGREE TO HOLD HARMLESS CSLP FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY TRANSACTION INSTITUTED FROM, OR RELATED TO USE OF, THE EXCHANGE. FURTHERMORE, YOU RELEASE CSLP, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS, DEMANDS AND/OR DAMAGES, ACTUAL OR CONSEQUENTIAL, OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE EXCHANGE.
6. Fees and Payments
A. Certain Website features, such as the VIP Cyber Fan Club and the Flyers Online Partners Program, may require you to pay a fee as a condition to your access and/or membership ("Membership"). You agree to pay all charges to your account, including any applicable taxes, in accordance with the billing terms in effect at the time the fee or charge for Membership becomes payable. CSLP reserves the right to change the amount of, or basis for determining, any fees or charges for such features, and to institute new fees or charges for Membership upon prior notice to you. You must provide CSLP with valid credit card information and be an authorized user of such credit card.
B. PLEASE NOTE THAT CSLP WILL AUTOMATICALLY RENEW AND CHARGE YOUR ACCOUNT AS FOLLOWS:
- Every month for monthly Memberships (where applicable)
- Every one (1) year anniversary for annual Memberships
C. The renewal charge will be equal to the original sign-up price, unless otherwise notified in advance by CSLP. You will have forty-five (45) days after the date that any renewal fee is posted to your charge account to notify CSLP that you wish to cancel your Membership. CSLP will cancel you Membership upon receipt of such notification and post a credit to your charge account equal to the latest renewal fee charged.
7. Linking
Each Website may contain links and pointers to other related World Wide Web sites, resources, and sponsors of the Websites. Links to and from the Websites to other Web sites, maintained by third parties, do not constitute an endorsement by CSLP or any affiliate of any third party Web site or content. CSLP is not responsible for the availability of these third party resources, or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
8. Disclaimer of Warranties
A. USE OF ANY WEBSITE, INCLUDING, BUT NOT LIMITED TO USE OF (I) ANY MESSAGE FEATURE OR (II) THE EXCHANGE, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, EACH WEBSITE, EACH FEATURE (INCLUDING, WITHOUT LIMITATION, MESSAGE FEATURES), AND THE EXCHANGE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. CSLP DOES NOT WARRANT THAT: (1) THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITES WILL BE CORRECTED; (3) THE WEBSITES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITES WILL BE ACCURATE OR RELIABLE.
9. Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERMS SET FORTH BY CSLP OR ANY ACT OR FAILURE TO ACT BY CSLP, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA ANY WEBSITE. IN NO EVENT WILL CSLP BE LIABLE FOR THE CONTENT OF: (1) ANY MESSAGE OR SCREEN NAME TRANSMITTED VIA ANY WEBSITE; OR (2) ANY MATERIALS IN ANY WEB SITE LINKED TO OR FROM ANY WEBSITE.
B. NEITHER CSLP OR ANY OF ITS AGENTS, AFFILIATES, SUPPLIERS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO USE OR INABILITY TO USE THE EXCHANGE, EVEN IF CSLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TRANSACTIONS ON THE EXCHANGE.
C. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR DISCLAIMER OF WARRANTIES OR OF LIABILITY AS DESCRIBED ABOVE, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
You hereby agree to indemnify and hold CSLP and its affiliates and their respective directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of any Website, including, but not limited to use of any Message Feature or the Exchange; and (B) any alleged breach of this Agreement.
11. Termination
This Agreement and your license to use the Websites may be immediately terminated at any time by CSLP in its sole discretion.
In addition and without prejudice to any other legal or equitable remedies available to CSLP, CSLP may immediately terminate this Agreement and your license to use the Websites if you breach any term of this Agreement or other operating term set forth by CSLP.
12. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and performed exclusively in the Commonwealth. Any court of competent jurisdiction sitting within Philadelphia, Pennsylvania will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. CSLP will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
13. Miscellaneous
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. CSLP in its sole discretion may amend this Agreement, and your use of any Website after such amendment is posted on such Website will constitute acceptance of it by you. Sections 8, 9, 10, 12 and this Section 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
14. Notice
CSLP may give notice to you by means of a general notice on the Websites, electronic mail to your e-mail address on record in CSLP's account information, or by written communication sent by first class mail to your address on record in CSLP's account information. You may give notice to CSLP by any of the following means (and such notice shall be deemed given when received by CSLP at any time):
- electronic mail to flyerspr@comcast-spectacor.com;
- letter telecopied to Flyers Marketing at the following fax number: (215) 952-5210;
- letter delivered by first class, postage prepaid, mail or courier to Flyers Marketing at the
following address:
Flyers Marketing
Wells Fargo Center
3601 South Broad Street
Philadelphia, Pennsylvania 19148
15. Acceptance of Terms of Use
By using any Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use any Website. CSLP may change the terms of this Agreement at any time upon posting, with or without notice, on the Websites, and your use of any Website after such changes are posted will mean that you accept them.
LAST UPDATED: 6/30/05
©1998-2009 Comcast Spectacor, L.P. All rights reserved.
The following are registered or common law trademarks or service marks of Comcast Spectacor, L.P., its licensors and its affiliates and may be used only with permission: the names, nicknames, logos, designs and slogans designating the Philadelphia Flyers Hockey Club, Philadelphia 76ers Basketball Club, Flyers Skate Zone, the Wells Fargo Center, the Spectrum and their respective mascots, events and exhibitions; and Comcast SportsNet.
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